Court thumbs up EFCC for seizing Fayose’s properties

Economic and Financial Crimes Commission (EFCC), has been told by the Federal High Court in Abuja that it did no wrong seizing Governor Ayodele Fayose’s properties.

The court, presided over by Justice Nnamdi Dimgba, said the order it gave on July 20, 2016, authorising EFCC to seize some assets belonging to Governor Fayose of Ekiti state, pending the completion of an ongoing investigation was in order and did not violate the provisions of Section 308 of the 1999 Constitution, which gives immunity from civil and criminal proceedings on a governor.

Dimgba said, “It is my considered opinion that the order of court, made on July 20, 2016, in respect of some property of the applicant, and within the limited scope and duration within which it was obtained, was duly procured and does not offend the provision of the Constitution referred to.

“Although Section 308 of the Constitution serves to isolate governors of states from the distraction of litigation and legal proceedings to enable them to attend to official responsibilities, it should not be interpreted in such a way as to defeat the fight against corruption, to mean that the EFCC or other investigating agencies cannot take a peep into the assets or personal accounts of a serving governor in the execution of a strictly worded and mutually supervised interim attachment orders for the purposes of obtaining evidence for use in future when the immunity has lapsed.”

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The judge added that the order of interim forfeiture made on July 20 had a lifespan of 45 days from the date it was issued, ordering the EFCC to conclude its investigation within the 45-day lifespan of the order. It said the order would automatically dissolve if the EFCC failed to serve a motion on notice seeking its extension on Fayose at least five days to its expiration.

His ruling came shortly after Fayose’s lawyer, Chief Mike Ozekhome (SAN), asked the court to set aside the interim forfeiture orders on 10 grounds.

Opposing Ozekhome’s application, EFCC’s lawyer, Mr. Andrew Akoja, insisted that the commission had violated no law by obtaining the order.

Assets belonging to Fayose which EFCC seized are four sets of four-bedroom apartments at Charlets 3, 4, 6 and 9; Plot 100, Tiaminu Savage, Victoria Island, Lagos and another two located at 44 Osun Crescent, Maitama, Abuja, and Plot 1504, Yedzeram Street, Maitama, Abuja.

By Ebere Ndukwu …